DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the device" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear if the applicant meant to refer to “the battery powered device” or “the accessory”. For this office action “the device” is understood as “the accessory”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 16 and 18 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 16 and 18 recites the limitation " wherein the battery powered device is a firearm optical sight” . "a firearm optical sight” is an added limitation to an unclaimed structure of "a battery powered device". The battery powered device is used to show the intended use of the accessory in independent claims 1 and 17 but fails to limit the accessory.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sheets, Jr. (US 2021/0010784) [hereinafter Sheets].
Regarding claim 1, Sheets discloses an accessory for use with a battery powered device (Abstract; Fig. 11), comprising:
a battery compartment 111, the battery compartment comprising electrical input contacts (“Par. 0065: The PCB 115 is further electrically communicated with at least one electrical energy storage device 120 (hereafter “internal storage device 120”) operationally configured to store electrical energy for use by a corresponding optical sighting system. In one embodiment, the internal storage device 120 may be connected to the PCB 115 using one or more flex circuits or electrical contacts” see negative contact 145 and positive contact 140);
control circuitry (including PCB 115) in electrical communication with the electrical input contacts (Par. 0065); and circuitry-controlled electrical output contacts (Fig. 11; Par. 0066: “ the cap assembly 100 further includes an annular positive power output contact 130 and a negative power output contact 135”)
wherein when the accessory is in electrical communication with a power source 120 and when the accessory 5, 6, 7 is in electrical communication with the battery powered device, then the control circuitry is operationally configured to add one or more operating functions to the battery powered device (Par. 0071-0072; Applicant should note that the device of Sheets adds the function of Solar Harvesting Technology and wake up system with an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system).
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Regarding claim 2, Sheets further discloses wherein when the battery compartment 111 is in electrical communication with one or more batteries 120 and wherein when the accessory is in electrical communication with a battery powered device battery compartment, then the control circuitry 115 is operationally configured to add one or more operating functions to the battery powered device (Par. 0045, 0071-0072; Applicant should note that the device of Sheets adds the function of Solar Harvesting Technology and wake up system with an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system).
Regarding claim 3, Sheets further discloses wherein the accessory comprises a main body 111 removably attachable to the battery powered device battery compartment 10 (Fig. 11;Par. 0050: “a threaded housing or threaded cylindrical member 101 defined by an outer perimeter surface 102, an outer surface 103, and a threaded surface 105 operationally configured to mate with a threaded surface 11 of a battery compartment 10”), wherein when the accessory is in electrical communication with the battery powered device battery compartment, then the circuitry-controlled electrical output contacts are in electrical contact with battery powered device battery compartment electrical input contacts (Fig. 9-11).
Regarding claim 4, Sheets further discloses wherein when one or more removable batteries are located within the battery compartment, wherein when the electrical input contacts are in electrical communication with the one or more removable batteries, and wherein when the circuitry-controlled electrical output contacts are in electrical contact with battery powered device battery compartment electrical input contacts, then the control circuitry is operationally configured to add one or more operating functions to the battery powered device (Fig. 11, Par. 0065; 0071-0072; Applicant should note that while Sheets states “a cap assembly 100 of this disclosure eliminates the need to replace depleted coin cell batteries as is required for coin cell battery powered third-party optical sighting systems 5, 6, 7 as of the date of this disclosure. In addition to eliminating the need of any future coin cell battery purchases, the cap assembly 100 also eliminates, or at least greatly reduces, the risk of an optical sighting system becoming inoperable as a result of an otherwise dead battery” the battery 120 is capable of being removed. In the event of capacity degradation, reduced runtime, longer charge times, and physical damage to the battery, a user can replace to battery to optimize performance”).
Regarding claim 5, Sheets further discloses when the battery compartment 111 is in electrical communication with one or more batteries 120 and wherein when the accessory is in electrical communication with a coin cell battery compartment of the battery powered device, then the control circuitry 115 is operationally configured to add one or more operating functions to the battery powered device (Par. 0045, 0071-0072; Applicant should note that the device of Sheets adds the function of Solar Harvesting Technology and wake up system with an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system).
Regarding claim 6, Sheets further discloses wherein when the accessory is in electrical communication with the coin cell battery compartment 10 of the battery powered device, then the circuitry-controlled electrical output contacts 130, 135 are in electrical contact with battery powered device battery compartment electrical input contacts 140, 145 (Fig. 11).
Regarding claim 7, Sheets further discloses wherein the control circuitry includes one or more motion sensors, (Par. 0072: “As shown in FIGS. 11 and 13, the PCB 115 may also include a wake-up system including an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system”), one or more timers, one or more time delay relay circuits, one or more power regulation circuits, and combinations thereof (Par. 0071: “As shown in FIG. 12, one suitable PCB 115 may include a MCU 118 and one or more other PCB components 119, e.g., one or more voltage regulator circuits, one or more resistors, one or more capacitors, one or more relays, one or more transistors and other electrical components as may be required for a particular operation of a cap assembly 100 and corresponding optical sighting system”).
Regarding claim 8, Sheets further discloses wherein the one or more operating functions comprise a motion sensing automatic ON/OFF power function (Par. 0072).
Regarding claim 9, Sheets further discloses wherein the control circuitry is operationally configured to deactivate the circuitry-controlled electrical output contacts after a set period of accessory non- motion is realized setting the accessory to an OFF position and wherein the control circuitry is operationally configured to activate the circuitry-controlled electrical output contacts when the control circuitry detects accessory motion (Par. 0072).
Regarding claim 10, Sheets further discloses wherein the accessory includes one or more low battery indicators and wherein the control circuitry includes one or more voltage sensors, one or more voltage measurement circuits, and combinations thereof (Par. 0071: “the PCB 115 is operationally configured to control or regulate the output power, the output voltage, the rate of electric current, the charging current voltage and charging current rate of the internal storage device 120”).
Regarding claim 11, Sheets further discloses wherein the control circuitry is operationally configured to indicate low battery voltage by periodically alternating a ON/OFF condition of the circuitry-controlled electrical output contacts when the one or more voltage measurement circuits determine battery voltage is less than a set value for the battery voltage (the PCB 115 is operationally configured to control or regulate the output power, the output voltage, the rate of electric current, the charging current voltage and charging current rate of the internal storage device 120 via voltage regulation circuits and a programmed MCU 118 which is programmed to shut to OFF and ON as required for automation regulation to manage voltage dissipation in the cap assembly 100 and corresponding optical sighting system; Fig. 12, Par. 0071-0071).
Regarding claim 13, Sheets further discloses wherein the battery powered device includes a battery powered device battery compartment operationally configured to hold one or more removable batteries in electrical contact therewith and wherein the battery compartment of the accessory is operationally configured to hold the one or more removable batteries in electrical contact therewith for powering the accessory and the battery powered device when the accessory is in electrical communication with the battery powered device battery compartment (Fig. 11, Par. 0065; 0071-0072; Applicant should note that while Sheets states “a cap assembly 100 of this disclosure eliminates the need to replace depleted coin cell batteries as is required for coin cell battery powered third-party optical sighting systems 5, 6, 7 as of the date of this disclosure. In addition to eliminating the need of any future coin cell battery purchases, the cap assembly 100 also eliminates, or at least greatly reduces, the risk of an optical sighting system becoming inoperable as a result of an otherwise dead battery” the battery 120 is capable of being removed. In the event of capacity degradation, reduced runtime, longer charge times, and physical damage to the battery, a user can replace to battery to optimize performance”).
Regarding claim 14, Sheets further discloses wherein the control circuitry comprises a printed circuit board 115 including a microcontroller unit 118 and a motion sensor 123 in electrical communication with the microcontroller unit 118, wherein the motion sensor is operationally configured to detect motion of the accessory and wherein the microcontroller unit is programmed to turn the accessory OFF when no motion of the device is detected for a particular time period and programmed to turn the accessory ON when the motion sensor detects motion of the accessory (Par. 0072: “As shown in FIGS. 11 and 13, the PCB 115 may also include a wake-up system including an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system. For example, a motion sensor 123 may include a motion signal output in electrical communication with an MCU 118 having a detection circuit and a wake-up signal output. One non-limiting example of a motion sensor includes a mechanical motion sensor”).
Regarding claim 15, Sheets further discloses a battery compartment cover 101 removably attachable to the battery compartment (Fig. 11).
Regarding claim 16, Sheets further discloses wherein the battery powered device is a firearm optical sight (Fig. 1-11).
Regarding claim 17, Sheets discloses an accessory for use with a device having a coin cell battery compartment (Fig. 1-11; Abstract), comprising:
a battery compartment 111, the battery compartment comprising electrical input contacts operable with a coin cell battery 120 (“Par. 0065: The PCB 115 is further electrically communicated with at least one electrical energy storage device 120 (hereafter “internal storage device 120”) operationally configured to store electrical energy for use by a corresponding optical sighting system. In one embodiment, the internal storage device 120 may be connected to the PCB 115 using one or more flex circuits or electrical contacts” see negative contact 145 and positive contact 140);
a battery compartment cover 101;
control circuitry 115 in electrical communication with the electrical input contacts; and circuitry-controlled electrical output contacts (Par. 0065);
wherein when the accessory is in electrical communication with the coin cell battery and when the accessory is in electrical contact with the coin cell battery compartment of the device, then the control circuitry is operationally configured to add one or more operating functions to the device (Par. 0071-0072; Applicant should note that the device of Sheets adds the function of Solar Harvesting Technology and wake up system with an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system).
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Regarding claim 18, Sheets further discloses wherein the battery powered device is a firearm optical sight (Fig. 1-11).
Regarding claim 19, Sheets further discloses a method of providing one or more operating functions to a battery powered device powered by one or more removable batteries, comprising:
electrically communicating an accessory with a battery powered device battery compartment of the battery powered device (Fig. 11), the accessory comprising:
a main body 111 removably attachable to the battery powered device battery compartment 10 (Fig. 11), the main body including:
a battery compartment (Fig. 11), the battery compartment comprising electrical input contacts 140, 145;
control circuitry 115 in electrical communication with the electrical input contacts (Fig. 11); and
circuitry-controlled electrical output contacts 130, 135;
wherein when the accessory is in electrical communication with a power source 120 and when the accessory is in electrical communication with the battery powered device battery compartment 10, then the control circuitry is operationally configured to add the one or more operating functions to the battery powered device (Fig. 11; Par. 0046, 0071-0072; Applicant should note that the device of Sheets adds the function of Solar Harvesting Technology and wake up system with an accelerometer or a motion sensor 123 mounted to the PCB 115, whereby the MCU 118 is programmed to shut to OFF automatically in instances when no motion of the cap assembly 100 is detected for a programmed or set period of time, e.g., a desired time period such as from 1.0 minutes to 60.0 minutes, and turn to ON automatically when the accelerometer or motion sensor detects motion of the cap assembly 100 and thus, motion of the optical sighting system).
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Allowable Subject Matter
Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
It is known in the art to provide optical sights with one or more additional operating functions, for example, one or more motion sensors for automatic ON/OFF powering, tilt sensors, light sensors, thermal sensors, touch sensors, shock sensors, biometric security, cameras, clocks, timers, GPS positioning, digital displays, digital shot counters, illumination sources, manual controls, electrical communication ports or interfaces, microphones, audible speakers, electronic compasses, bubble levels, and wireless connectivity (see Applicants disclosure: Par. 0005).
The prior art of record fails to disclose or render obvious and accessory for use with a battery powered device, wherein the accessory’s control circuitry comprises one or more motion sensors, one or more tilt sensors, one or more light sensors, one or more thermal sensors, one or more image sensors, one or more capacitive touch sensors, one or more biometric sensors, one or more time delay relay circuits, one or more clock circuits, one or more counter circuits, one or more wireless control circuits, one or more analog-to-digital converters, one or more digital-to-analog converters, one or more power regulation circuits, one or more voltage sensors, circuits to perform logic functions, one or more electromagnetic sensors, one or more global positioning system antennas, and combinations thereof.
The claimed invention provides a post-production accessory to a battery powered device (such as a firearm optically sight) which adds all the above listed control circuitry components which provide additional operating functions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA E FREEMAN whose telephone number is (303)297-4269. The examiner can normally be reached 9AM - 5PM MST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E FREEMAN/Primary Examiner, Art Unit 3641